501.972 – Actions based upon use of a creation that is not protected under federal copyright law.
501.972 Actions based upon use of a creation that is not protected under federal copyright law.— (1) Except as provided in subsection (2), the use of an idea, procedure, process, system, method of operation, concept, principle, discovery, thought, or other creation that is not a work of authorship protected under federal copyright law does not give rise […]
501.973 – Chambers of commerce.
501.973 Chambers of commerce.— (1) For the purposes of this section: (a) “Business entity” means any corporation, partnership, limited partnership, proprietorship, firm, enterprise, franchise, association, self-employed individual, or trust, whether fictitiously named or not, doing business in this state. (b) “Chamber of commerce” means a voluntary membership, dues-paying organization of business and professional persons dedicated, as stated in the […]
501.974 – Veterans’ organizations; prohibition against advertising.
501.974 Veterans’ organizations; prohibition against advertising.— (1) As used in this section, the term: (a) “Business entity” means any corporation, partnership, limited partnership, proprietorship, firm, enterprise, franchise, association, individual, or trust, whether fictitiously named or not, doing business in this state. (b) “Veterans’ organization” means a business entity whose net earnings do not inure to the benefit of any […]
501.975 – Definitions.
501.975 Definitions.—As used in this part, the term: (1) “Customer” includes a customer’s designated agent. (2) “Dealer” means a motor vehicle dealer as defined in s. 320.27, but does not include a motor vehicle auction as defined in s. 320.27(1)(c)4. (3) “Replacement item” means a tire, bumper, bumper fascia, glass, in-dashboard equipment, seat or upholstery cover or trim, exterior […]
501.976 – Actionable, unfair, or deceptive acts or practices.
501.976 Actionable, unfair, or deceptive acts or practices.—It is an unfair or deceptive act or practice, actionable under the Florida Deceptive and Unfair Trade Practices Act, for a dealer to: (1) Represent directly or indirectly that a motor vehicle is a factory executive vehicle or executive vehicle unless such vehicle was purchased directly from the manufacturer or […]
501.98 – Demand letter.
501.98 Demand letter.— (1) As a condition precedent to initiating any civil litigation, including arbitration, arising under this chapter against a motor vehicle dealer, which may also include its employees, agents, principals, sureties, and insurers, a claimant must give the dealer a written demand letter at least 30 days before initiating the litigation. (2) The demand letter, which […]
501.991 – Legislative intent; construction.
501.991 Legislative intent; construction.— (1) The Legislature recognizes that it is preempted from passing any law that conflicts with federal patent law. However, the Legislature recognizes that the state is dedicated to building an entrepreneurial and business-friendly economy where businesses and consumers alike are protected from abuse and fraud. This includes protection from abusive and bad faith […]
501.992 – Definitions.
501.992 Definitions.—As used in this part, the term: (1) “Demand letter” means a written communication, including e-mail, asserting or claiming that a person has engaged in patent infringement. (2) “Institution of higher education” means an educational institution as defined in 20 U.S.C. s. 1001(a). (3) “Target” means a person residing in, incorporated in, or organized under the laws of […]
501.993 – Bad faith assertions of patent infringement.
501.993 Bad faith assertions of patent infringement.—A person may not send a demand letter to a target which makes a bad faith assertion of patent infringement. A demand letter makes a bad faith assertion of patent infringement if it: (1) Includes a claim that the target, or a person affiliated with the target, has infringed a patent […]
501.995 – Private right of action.
501.995 Private right of action.—A person aggrieved by a violation of this part may bring an action in a court of competent jurisdiction. A court may award the following remedies to a prevailing plaintiff in an action brought pursuant to this section: (1) Equitable relief; (2) Actual damages; (3) Costs and fees, including reasonable attorney fees; and (4) Punitive damages […]